Board ofDirectors: Mel Sheldon JR - Chairman Les Parks - VICe Chairman Glen Gobin -Treasurer Marie Zackuse - Secretary Bonnie Juneau - Board Member Herman Williams SR- Board Member Theresa Sheldon - Board Member Misty Napeahi - General Manager Ruby Lotan - Deputy General Manager January 6, 2016 U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590 6406 MARINE DR 1m TULALIP, WA 98271-9694 (360) 716-4000 FAX (360) 716-4032 The Tulallp Tribes are the successors In Interest to the Snohomish, Snoqualmie, and Skykomish tribes and other tribes and band signatOI)' to the Treaty of Point Elliott
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### Rc: Exemption Request Under Section 333 ofthe FAA Reform Act and Part II ofthe Federal Aviation Regulations Dear Madam 

### I Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11 , The Tulalip Tribes, an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below: 14 C.F.R. 21 14 C.F.R. 61.133(a) (b) 14 C.F.R. 91.7(b) 14 C.F.R. 91.119 14 C.F.R. 91.151(a) 14 CFR Subpart E (91.401- 91.417) The requested exemption would authorize commercial operations using the eBee for aerial mapping and survey applications. These operations will be subject to strict operating requirements defined in the eBee user manual the TulalipTribes requests the FAAtreat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in thepublic docket and conditions defined in the paragraph 3. The Tulalip Tribes ofWashington is a federally recognized sovereign Indian tribe with a reservation in western Washington. The Tulalip Tribes is a federally recognized Indian Tribe and is the political successor in interest and descendant oftreaty signatories to theTreaty ofPoint Elliot, negotiated between several northwest tribes and the United States. Inthe Treaty, The Tulalip Tribes reserved the right to fish at usual grounds and stations and are co-managers offishery resources as defined in U.S. v. Washington in 1974. [U.S. v. Washington, 459 F. Supp. 1020, 1038 (W.D. Wash. 1978); U.S. v. Washington, 626 F. Supp 1405, 1527 (W.D. Wash. 1985}, A./f'd, 841 F. 2d 317 (9111 Cir. 1988)] and also reserved the rights to hunt and gather on open and unclaimed lands. The treaty also reserved the Tribes' right to protect fish habitat as described in the U.S. v. Washington Culvert Case Summary Judgment in 2007 bythe United States District Court, Western District ofWashington. (United States v. Washington, 01-1, Culverts, Summary Judgment Order). The Tribes have interest in and culture within the external boundsoftheir ceded lands, as well as the broad geographic scope oftheir Usual and Accustomed (U&A) areas. These treaty-reserved U&A areas have been adjudicated in the courts and have specific legal descriptions, but can generally be described as an area from the Canadian border south to Vashon Island in mid-Puget Sound, from the crest ofthe Cascade Mountains west to the Strait ofJuan de Fuca. Consistent with this interest the Tribes find it necessary to engage in habitat protection and restoration efforts, as well as other resource monitoring strategies. Often times this entails collection ofremote sensing data for pre- and post-project evaluation, as well as analyses ofbasin-scale land-use management practices. The use of sUAS (small unmanned aerial system) technology for remote sensing data collection gives the Tulalip Tribes the greatest flexibility in achieving our goals for resource protection, enhancement, and restoration, thus keeping in step with the Tribes ceded treaty rights. 1. CHARACTERISTICS OFTHE AIRCRAFT The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-offweight of 1.7 pounds) platform made offlexible foam that performs pre-programmed precision aerial mapping missions thanks to the on-board GPS and the related flight management software (eMotion) that allows theoperatorto plan safely and efficiently a mission in 30, and then monitor it in real-time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection ofhigh-definition still images that are used laterto generate maps and contour lines of the surveyed area. The four main characteristics ofthe eBee are: a. Very light weight The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp orhard edges and almost no internal strengthening structure. b. Electric-powered The eBee is electric powered. A brushless engine technology makes it silent and reliable. Thepropeller is attached with a rubber band to the body oftheplane so that it can easily flex away in case ofcontact with any object. c. Semi-automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the supervision ofthe operator. d. Option for Manual control Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controllerprovided with the system. 2. APPLICATIONS Using the eBee's sensor technology will provide the Tulalip Tribes with the ability to collect new and up-to-date imagery and elevation information. Once the area of interest is flown, images collected during the flight are processed through Postflight Terra 30 software where they are merged together into an orthorectified photo mosaic. The images are also processed to make a high resolution topographic model. The imagery and terrain information collected by the UAS is essential to making informed decisions on resource impacts and project design.The eBeewill be used to collect information for the following activities:
• Fish andwildlife habitat restorationprojectscoping.planning. andpost-projectmonitoring • Land-use (land cover, vegetation class. environmentaldegradation, etc ..) statusandtrends monitoring • Landscape naturalprocessesmonitoring • Wildlife habitatmonitoringandpopulation sun,eys • Topographic analysis of landscape features (e.g., intertidal beaches,floodplains, allilvialfans, landslides, etc... ) • Shoreline mappingandbeach roughness sun,eys • Vegetation and forest health surveys • Monitoring of various fisheries activities • Thermal imagingof nearshore areas for algalmapping • Updated ortlro-mosaics ofThe Tulalip Tribes Resen,ation • Other natural resources remote sensingdata collection efforts Often this type ofaerial reconnaissance can be completed using manned aerial vehicles at a substantial cost per flight. These flights are expensive and not without some risk ofinjury and/or death to the pilot, passengers, and ground occupants. The eBee will not completely replace the need for this type of data collection, but it will provide the ability to collect this information in small areas at a lower cost and risk than a manned flight or ground survey, as well as provide additional flexibility to survey during unique weather windows. This will provide high quality information to the project team where collection ofthis information was more complicated and potentially not feasible in the past. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 a. Airworthiness assessment ofthe eBee TheTulalipTribes notes that the airworthiness ofthe eBee has alreadybeendemonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University:htt ps:/ /newscenter.runsu.e dul Articles/ view /1

0208/runsu·uas-flight-test-center-conducts-ebee

airworthiness·assessment, and the USACE New Orleans, who coordinated with the Department ofAnny and the FAA to obtain all authorizations required in order to operate the eBeeUAS). Moreover the eBee already received 15 Exemptions from the FAA. SenseFly also obtained flight approvals for the eBee {delivered by national civil aviation authorities) in many countries, among others: Switzerland (flight approval for VLOS operations) Canada (flight approval for VLOS operations) Australia (flight approval for VLOS operations) France (flight approval for Extended-VLOS operations) Germany (flight approval for VLOS operations) United Kingdom {flight approval for VLOS operations) Norway (flight approval for VLOS operations) Sweden (flight approval for VLOS operations) Derunark (flight approval for VLOS operations) b. Operatingrequirements Grant ofthe exemption to theTulalipTribes for the eBee will be subject to the following operating conditions: 1. Operations authorized by this grant ofexemption are limited to the SenseFly eBee when weighing less than 

### 55pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. 2. Operations for thepurpose ofclosed-set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (I00 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line ofsight (VLOS) ofthe PIC at all times.This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued airman medical certificate orU.S. driver's licence. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) ofthePIC and VO at all times. TheVO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO canperform the duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant ofexemption, are hereinafterreferred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from otherpeople. The functional test flight must be conducted in such a manner so as to not poseanundue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operatedunderthis exemption must comply with all manufacturer safetybulletins. 13. Under this grant ofexemption, a PIC must hold either an airline·transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61 .56 in an aircraft in which thePIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under theterms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations areconsidered nonparticipants, and the PIC must operatethe UAwith appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 

### 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted bya COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a pre- determined location within the privateorcontrolled-access property. 19. ThePIC must abort the flight in the event ofunpredicted obstacles oremergencies. 20. ThePIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes orwiththe reserve powerrecommended by the manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an A TO-issued COA. The exemption holdermay apply for a new or amended COA ifit intends toconduct operations that cannotbe conducted underthe terms ofthe attached CO A. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N- Number) m arkings in accordance with 14 CFRpart45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station oftheUAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may not be operated bythe PIC from any moving device orvehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structuresunless: a. Barriers orstructures arepresent that sufficiently protect nonparticipating persons from the UA and/ordebris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately ina mannerensuring the safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner /controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must bereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.3. CONCLUSION The Tulalip Tribes is seeking this exemption so that we can use the SenseFly eBee sUAS for data collection operations. This sUAS provides a more cost effective, efficient, and safe means of aerial photography data collection which in turn allows the Tribes to provide in-house staff with this information in an effort to make better decisions and designs in a more timely and accurate manner. Approval ofthis exemption provides us the opportunity to use existing technology to provide the best product and service possible. 

### It also allows us the opportunity to contribute to the development ofan innovative and rapidly developing market. Please do not hesitate to contact our project manager Derek Marks (Timber, Fish and Wildlife Manager, 360.716.4614) for this request if you have any questions. Thank you for your time and consideration in this matter. Sincerely,



# \.;(A~ **~(L~** Misty Napeahi The Tulalip Tribes, General ManagerANNEX A: EXEMPTION REQUESTAND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECTTO EXEMPTION The TulalipTribes requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe eBee: 14 C.F.R. Part21, Subpart H: Ainvorthiness Certificates 14 CFR 

### § 91.203(a)(l) Section 91.203 requires all civil aircraft to have a certificate of airworthiness
. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe eBee, its very light weight (the maximum take-offweight is 1.7 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 Subpart H in orderto achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an ai rworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part ofthis application. The Tulalip Tribes requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. 14 C.F.R. 

### § 61.3: Requirements forcertificates,ratings and authorizations 14 C.F.R. 

### § 61.113(a) & (b); 61.133(a): PrivatePilot Privileges and Limitations; Pilotin Command; CommercialPilotPrivileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilot to act as pilot in command ofanaircraft in connectionwith any business or employment if: (1) The flight is only incidental to that business oremployment; (2) The aircraft does not carry passengers orproperty for compensation orhire. Given the safety features ofthe eBee and the fact that the missions are pre-programmed and monitored in realtime with a specific flight management software (eMotion), SenseFly proposes that operators ofthe eBee should not berequired to hold a commercial pilot certification. Instead, operators should be required to: Have a sport orrecreational pilot license (at least) and have successfullypassed a manufacturer's training program for the eBee. 14 C.F.R. 

### § 91.7(a): Civil aircraft ainvorthinessThis regulation requires that no personmay operate a civil aircraft unless it is in airworthy condition. Should the exemption begranted allowing commercial operation oftheeBeewithout anairworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size ofthe aircraft and the previous airworthiness assessments given to the eBee, among others: New Mexico State University: https:// newscenter.nmsu.edul Articles/view/1 0208/nmsu-uas-flight-test-centerconducts-ebee-airworthiness-assessment USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography ofUSACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance with the SenseFly manuals prior to each flight. 

### 14 CFR

### § 91 .119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the eBee ca nnot comply with this requirement. The equivalent level of safety will be achieved because the eBee will only fly over private property with the permission ofthe landowner. The operator will define before every flight a working area radius and a flight area ceiling, preventing the eBeeto go beyond the flight area. The landowner and the persons who may be on the ground in the flight area will bebriefed ofthe expected route offlight and the associated risks to persons and property on the ground. Due to the small size ofthe eBee and the material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should beconsidered in grantingthe exemption. Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly ofpersons. The aircraft will be operated at an altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty onthe surface. 

### 14 C.F.R. § 

### 91.151(a): Fuel Requirementsfor Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthat for at least 30minutes. Given the area ofoperation for the eBee, the Tulalip Tribes believes that an equivalent level ofsafety is already achieved with the specific procedure preventing the eBee to accept a take-offorder is the battery level is below a given value. Moreover, SenseFly has integrated a "low" and "critical" battery warnings, and implemented a "return to Home" and "Go Land" actions inthese situations. 

### 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owneror operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.The Tulalip Tribes proposes that the maintenance of the eBee will be accomplished by the owner /operator according to the maintenance manual, provided by SenseFly. The Tulalip Tribes requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. An equivalent level ofsafety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. Finally, before every flight, the eBee runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the eBee will not beable to be switched-on and a message error is displayed onthe main screen ofthe flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts ofthe eBee are easily interchangeable (propellers, wings), which allows the operator to make sure the wings and propulsion system are always airworthy when a mission is initiated.